PLEASE READ THE TERMS CAREFULLY. BY INSTALLING THIS PACKAGE, THE
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS
THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF THE LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, NO LICENSE TO THE
SOFTWARE IS GRANTED AND THE SOFTWARE MUST NOT BE INSTALLED OR
USED BY THE LICENSEE.
1. Limited License Grant. Licensee is granted a non-exclusive,
non-transferable limited license to use the Software provided
that the Licensee agrees to these terms.
2. License to Distribute. Licensee is granted a royalty-fee
right to reproduce and distribute the limited edition Software provided that
Licensee: (i) distributes the Software complete and unmodified,
(ii) does not distribute any the license key which allows full access
to the software (iii) do not remove or alter
any proprietary legends or notices contained in the Software;
3. Restrictions. Licensee shall reproduce and apply
all proprietary rights notices which appear on or in the Software on or
in any copies of the Software made by Licensee. Unless enforcement of
this provision is prohibited by applicable law, and only to that extent,
Licensee shall not modify, decompile, disassemble, decrypt, extract,
or otherwise reverse engineer Software. Software is not designed or
licensed for use in on-line control equipment in hazardous environments
such as operation of nuclear facilities, aircraft navigation or control,
or direct life support machines.
4. Confidentiality. Licensee agrees to take
adequate steps to protect Software from unauthorized disclosure or use.
5. Disclaimer of Warranty. The Software is provided "AS IS".
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
6. Limitation of Liability. IN NO EVENT WILL I BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. Termination. This License is effective until terminated.
Licensee may terminate this License at any time by destroying all
copies of Software including any documentation. This License will
terminate immediately without notice if the Licensee fails to
comply with any provision of this License. Upon termination,
the Licensee must destroy all copies of Software.
8. Severability. If any of the above provisions are held
to be in violation of applicable law, void, or unenforceable
in any jurisdiction, then such provisions are herewith waived
to the extent necessary for the License to be otherwise enforceable
in such jurisdiction. However, if in my deletion of
any provisions of the License by operation of this paragraph unreasonably
compromises the rights or liabilities of myself, I reserve the right to
terminate the License and refund the fee paid
by the Licensee as the Licensee's sole and exclusive remedy.
9. Integration. This Agreement is the entire agreement between
the Licensee and me relating to Software and:
(i) supersedes all prior or contemporaneous oral or written communications,
(ii) prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communication between the parties during the term
of this Agreement. No modification to this Agreement will be binding,
unless in writing and signed by a duly authorized representative of each party.
